tag:blogger.com,1999:blog-5753140373027929221.post2050556400342795619..comments2023-09-04T04:20:37.225-05:00Comments on Stephen Gustitis | Criminal Defense Blog | Bryan/College Station: Expunging Misdemeanor Arrest RecordsStephen Gustitishttp://www.blogger.com/profile/02006692168188428189noreply@blogger.comBlogger40125tag:blogger.com,1999:blog-5753140373027929221.post-72013723439746846862014-11-25T22:33:03.370-06:002014-11-25T22:33:03.370-06:00I have a charge of drug paraphernalia and I saw th...I have a charge of drug paraphernalia and I saw that it tested positive but the cop threw it on the ground and didn't keep it, can I fight this?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-58397490170046016912014-11-22T10:05:28.266-06:002014-11-22T10:05:28.266-06:00Can a class A misdemeanor conviction levied in Gr...Can a class A misdemeanor conviction levied in Grayson County Texas resulting in a state jail sentence plus community service and probation be expunged or at least be set aside? It is the only criminal offense on my record. I was let off of probation early.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-91315911821662802032014-06-30T10:46:24.306-05:002014-06-30T10:46:24.306-05:00Dear MLE: Please contact my office to arrange a fr...Dear MLE: Please contact my office to arrange a free consultation to discuss your case. Thanks.<br /><br />Stephen Gustitishttps://www.blogger.com/profile/02006692168188428189noreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-60610230316563766052014-06-28T16:53:46.504-05:002014-06-28T16:53:46.504-05:00I received a citation via registered mail for a Cl...I received a citation via registered mail for a Class C misdemeanor assault by contact. I looked it up on the JP court's website and it says the fine is $440.00.<br /><br />I'm worried about employer background checks. If I just pay this, will it show up in a background check? I'm in my 50's with no criminal record.<br /><br />Thanks for your help,<br />MLEAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-71048012220779594702014-06-24T12:51:15.595-05:002014-06-24T12:51:15.595-05:00Novi: You are not eligible for an expungement. Che...Novi: You are not eligible for an expungement. Check the website for the Texas Board of Pardons and Parole and investigate your eligibility for a pardon. Good luck. Stephen Gustitishttps://www.blogger.com/profile/02006692168188428189noreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-62194678376027888172014-06-24T12:47:07.339-05:002014-06-24T12:47:07.339-05:00In 2012 I was pulled over for speeding, and arrest...In 2012 I was pulled over for speeding, and arrested for having a butterfly knife in my vehicle and charged with a class A misdemeanor for prohibited weapon and plead guilty. In September 2013 butterfly knives became legal in Texas. Can this charge be removed from my record?Anonymoushttps://www.blogger.com/profile/04932436118635999217noreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-67486826761148504252014-06-13T17:21:10.911-05:002014-06-13T17:21:10.911-05:00As of two days ago I was suspended from my job and...As of two days ago I was suspended from my job and asked to turn in my keys by loss prevention bases on a video showing me pack up an item in my car while on the clock I intended to pay for it, but forgot, as I was locking up for the day. As of today I am in limbo!! I refused to fill out a statement or sign any thing, since I was feeling extremely pressured and bullied by him to do so. He called in an officer and filed a report. The officer explained to us both that i would not be placed under arrest as it was a class c misdemeanor and the item had a value of around $20. They also refused to take back the item. I was asked to turn in my key and not return or contact the store. I was given a case# and badge# by the officer and told to follow up. HELP! Should I be looking into legal council or an attorney. I really have no idea where to turn. I have never been in any kind of trouble beforeAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-76826853483412819422014-06-13T17:19:16.259-05:002014-06-13T17:19:16.259-05:00As of two days ago I was suspended from my job and...As of two days ago I was suspended from my job and asked to turn in my keys by loss prevention bases on a video showing me pack up an item in my car while on the clock I intended to pay for it, but forgot, as I was locking up for the day. As of today I am in limbo!! I refused to fill out a statement or sign any thing, since I was feeling extremely pressured and bullied by him to do so. He called in an officer and filed a report. The officer explained to us both that i would not be placed under arrest as it was a class c misdemeanor and the item had a value of around $20. They also refused to take back the item. I was asked to turn in my key and not return or contact the store. I was given a case# and badge# by the officer and told to follow up. HELP! Should I be looking into legal council or an attorney. I really have no idea where to turn. I have never been in any kind of trouble beforeAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-29335172329505379192014-05-07T14:43:29.646-05:002014-05-07T14:43:29.646-05:00A finding of guilt (conviction) is different from ...A finding of guilt (conviction) is different from pleading guilty or no contest. Here's the bottom line: If you were found guilty (convicted) of any Texas criminal offense, then you are not eligible for any expungement. There is one (1) exception under the Texas Alcoholic Beverage Code. Stephen Gustitishttps://www.blogger.com/profile/02006692168188428189noreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-29550790273047383982014-05-07T14:28:22.873-05:002014-05-07T14:28:22.873-05:00IS THIS TRUE?
If the defendant was found guilty, ...IS THIS TRUE? <br />If the defendant was found guilty, pled guilty, or pled no contest to any offense OTHER than a class "C" misdemeanor, it is not eligible for expungement;Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-3668464769058278292014-05-07T14:20:46.525-05:002014-05-07T14:20:46.525-05:00I have a Class C Misdemeanor for Petty Theft. I wa...I have a Class C Misdemeanor for Petty Theft. I was arrested and posted bond 2 hours later for $350. When I was leaving I was asked to fill out a form where I would plead guilty/not guilty/ or no context. Since they had video footage and evidence the officer told me my best option was to be honest. So I plead guilty. This was my first and only offense. I made a mistake and I was not at a good place when this incident occurred. Now I need to find a job but I'm afraid no will hire me. I did not go to court and was not sentenced any probabation. The store itself gave me a warning since it was my first offense and they got their items back but had to press charges based on their policies. I need serious help. I need this to go away so I can have a fresh start in life. And move on from this mistake. What can I do?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-73536990524199862442014-04-14T13:08:31.220-05:002014-04-14T13:08:31.220-05:00DO NOT pay this theft fine! Hire a lawyer to help...DO NOT pay this theft fine! Hire a lawyer to help you. This is critical as there may be things the lawyer can do to avoid conviction and possibly get these records expunged. Thanks for your question. Stephen Gustitishttps://www.blogger.com/profile/02006692168188428189noreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-51872128806019992982014-04-13T23:57:57.747-05:002014-04-13T23:57:57.747-05:00I got charged with theft under $50 I don't wan...I got charged with theft under $50 I don't wanna fight it I just wanna pay for what I did and get it over with.is there anyway I can get the charge taken off my record or at least hidden from employers?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-61037839659708795292013-12-11T13:32:46.876-06:002013-12-11T13:32:46.876-06:00Too bad your not in DFW, I just had a trial today ...Too bad your not in DFW, I just had a trial today where the judge wouldn't allow hardly any evidence in my defense, but let an officer who couldn't remember anything about the case stand.<br /><br />Freaking biased courts, nothing like a fine and law helping pay their salaries to show how horrible our system is.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-7278371355065770912013-09-10T14:30:32.873-05:002013-09-10T14:30:32.873-05:00Following up on the setting aside conviction in Br...Following up on the setting aside conviction in Brazos with Judge Bryan. Here is the link to the article http://www.kbtx.com/news/headlines/126359053.htmlSelinahttps://www.blogger.com/profile/02689583319601089712noreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-17647405238110440822013-07-24T12:25:07.945-05:002013-07-24T12:25:07.945-05:00The non-disclosure order simply prohibits the gove...The non-disclosure order simply prohibits the government from releasing the record into the public domain. Anyone with access to the government databases will be able to see it. Stephen Gustitishttps://www.blogger.com/profile/02006692168188428189noreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-53807607560463124712013-07-24T09:52:46.435-05:002013-07-24T09:52:46.435-05:00This comment has been removed by the author.Anonymoushttps://www.blogger.com/profile/18034160856574108269noreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-36432652613520178712013-07-22T14:56:29.151-05:002013-07-22T14:56:29.151-05:00Toye: No. In Texas, the successful completion of d...Toye: No. In Texas, the successful completion of deferred adjudication for a Class A misdemeanor may make one eligible for an Order for Non-Disclosure, which seals the records. Note there may be limitations on this right, depending upon the specific case. Thanks for your question.Stephen Gustitishttps://www.blogger.com/profile/02006692168188428189noreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-85155165469285786772013-07-22T14:28:27.009-05:002013-07-22T14:28:27.009-05:00This comment has been removed by the author.Anonymoushttps://www.blogger.com/profile/18034160856574108269noreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-6328627114623036902013-07-15T15:03:43.754-05:002013-07-15T15:03:43.754-05:00James: Deferred adjudication was not possible for ...James: Deferred adjudication was not possible for DWI in 1992. Consequently, I don't know enough about your case to accurately answer your question. Stephen Gustitishttps://www.blogger.com/profile/02006692168188428189noreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-48634468227331306292013-07-15T14:38:25.899-05:002013-07-15T14:38:25.899-05:00Hello Stephen,
I received a Class A DWI charge in...Hello Stephen,<br /><br />I received a Class A DWI charge in 1992 and completed deferred adjudication. I am now in the process of seeking new employment after company downsizing/lay off and am finding companies are inquiring about pleading guilty to DWI charges. Can this charge now be expunged or sealed?<br /><br />Thanks,<br />JamesAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-43096155205270280232013-07-08T16:40:43.603-05:002013-07-08T16:40:43.603-05:00The general rule is yes, you can apply. I'd sp...The general rule is yes, you can apply. I'd speak with a criminal defense lawyer in the county where this occurred and discuss the details. There are still a couple hoops to jump through. Good luck. Stephen Gustitishttps://www.blogger.com/profile/02006692168188428189noreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-17661565595013689522013-07-08T16:25:24.592-05:002013-07-08T16:25:24.592-05:00i have a class a misdemeanor for theft taper with ...i have a class a misdemeanor for theft taper with multi channel device <br />I will be done with deferred adjudication on the 19th of july will i be able to apply for a order of non disclosure or expungment<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-12107734331406525302013-06-24T15:47:57.210-05:002013-06-24T15:47:57.210-05:00Stephan,
My wife was accused of misdemeanor theft...Stephan,<br /><br />My wife was accused of misdemeanor theft of less than $50. Rather than spend $2500. for legal fees, she decided to just pay the fine $500. She had no previous record...not even a traffic ticket. Is it possible to get her record cleared as it is causing her problems with employment background checks. She was not guilty of the charge, but had to face the music anyway.<br />Thanks, GregAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5753140373027929221.post-39586489992073171812013-06-09T16:57:29.880-05:002013-06-09T16:57:29.880-05:00I was placed on deffered prosecution and was compl...I was placed on deffered prosecution and was completely innocent of charges. But was scared and wantef to get process over with. Can i revokemy plea and go to trialAnonymousnoreply@blogger.com